Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
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Thanks for the detailed response. So having read that can you now please clarify what specific queries you have in relation to it? Thanks
Is it normal that my complaints, although informal, were laughed off and ignored? I would have thought the issue is very serious and not really a ‘learn to get on with different personalities’ type?
Ideally, no they should not have been ignored but at the same time the employer may not agree with your perspective of the situation. Also if you had raised the issues informally here would be no legal obligation on them to deal with them, even if they were valid concerns. Ideally you need to raise a formal grievance, in writing, to have the issues dealt with formally
Is it normal that the ‘Verbal Warning’ form was filled in even before the MD had a chance to speak with me? To me is seems that it is not really fair to me as she had already made her mind based on complainants’ side of the story alone although supported by our manager? Just because she cried and experienced a panic attack? Nothing I say seems to make any difference.
A verbal warning is generally considered an informal step, just to give the employee an informal warning and often there is nothing wrong with having their mind made up with the outcome as there is no need for a formal and fair disciplinary procedure to be undertaken before it is issued, so I would not say I am too concerned about this
Do I have to sign the form if I don’t agree with the wording?
No you do not. You should only sign a document you are happy with. If you do not agree with the current contents then you do not have to sign it. You may propose whatever corrections you believe are necessary to make it agree with you and perhaps sign that and give it to the employer so that the only signed version they have is yours
Is crying or a panic attack a factor in a confrontation like this at all? I mean I am sorry she cried and had a panic attack, I had no way of knowing she would; another person would be able to deal with the argument without breaking down? I was and still am very upset about the whole thing too, but that doesn’t seem to bother anyone?
In law, you are generally supposed to take people as they are, whether you knew about it or not. In law, this principle is known as the eggshell skull (https://en.wikipedia.org/wiki/Eggshell_skull). So whilst it is unfortunate that she reacted in this way, you cannot really blame her if that was how she dealt with such situations.
What are my options?
You always the formal grievance option if you believe you are being treated unfairly due to your nationality or any other discriminatory reasons. In the end you if you cannot resolve matters internally, you only have the legal options open to you, such as making a claim in the employment tribunal.
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